Equal Employment Opportunity and Sexual Harassment

1. Equal Employment Opportunity and Sexual Harassment HILL COUNTRY MHDD CENTER

2. What is EEO? Federal Equal Employment Opportunity (EEO) is a combination of laws that prohibit discrimination in employment.

3. Laws • Title VII of the Civil Rights Act of 1964 (Title VII) • Equal Pay Act of 1963 (EPA) • Age Discrimination in Employment Act of 1967 (ADEA) • Sections 501 and 505 of the Rehabilitation Act of 1973 • Title I and Title V of the Americans with Disabilities Act of 1990 (ADA)

4. Title VII of the Civil Rights Act of 1964:Forbids discrimination in all areas of the employee-employer relationship- including advertisement for new employees, through termination or retirement – on the basis of race, color, sex, pregnancy, religion or national origin.

5. Equal Pay Act of 1963:Prohibits discrimination in wages and benefits to men and women that substantially perform “equal work” under similar conditions in the same establishment.

6. Age Discrimination in Employment Act of 1967: It is unlawful to fail to, or refuse to, hire, discharge, or otherwise discriminate against individuals 40 years of age or older with respect to compensation, terms, conditions, or privileges of employment because of age.

7. Rehabilitation Act of 1973: • Prohibits job discrimination because of disability and requires affirmative action to hire and promote qualified individuals with disabilities who, with reasonable accommodation, can perform the functions of a job.

8. Americans with Disabilities Act 1990 (ADA): • Prohibits private employers from discriminating against individuals with disabilities. Other individuals covered by this act are those with a contagious disease who do not pose a direct threat to others. Such as those individuals with AIDS and those who test positive for HIV.

9. Laws Prohibit Discrimination In: • Hiring and firing • Compensation or classification, transfer, promotion, layoff, or recall • Job advertisements • Recruitment • Competency testing • Training programs • Fringe benefits • Pay, retirement plans, and disability leave or other terms and conditions of employment.

10. Race Color National Origin Religion Sex (Gender) Age Disability Laws Prohibit Discrimination Based On..

11. Discriminatory Practices Prohibited Employment Decisions based on: • Veteran Status • Citizenship • Pregnancy or related medical conditions • Stereotypes or assumptions about the abilities, traits or performances of certain individuals • Sexual Orientation • Political Affiliation • Marriage to, or association with an individual of a particular race, religion, national origin or individual with a disability

12. Discriminatory Violations Any violations or complaints of discriminatory practices must be reported immediately or no more than 30 calendar days from the incident… • Human Resources 830-792-3300

13. What Occurs Then? • HR – attempt to resolve the complaint by negotiating between parties involved. • Mediation can occur at any point in the complaint process. • Investigation • Decision Delivered

14. Appeal • The complainant can file appeal with the Executive Director within SEVEN daysof receipt of the decision from HR. • The Executive Director will review, make a decision and deliver decision to complainant. • There is NO APPEAL of the decision of the Executive Director.

15. Non-Discrimination Complaint • Complaint regarding the terms or conditions of employment – complainant believes is objectionable, but not discrimination in nature.

16. Sexual Harassment is defined as a continuing pattern of unwelcome sexual advances, requests for sexual favors or physical contact of a sexual nature. SEXUAL HARASSMENT

17. Types of Sexual Harassment Quid Pro Quo-- Latin word meaning: “This for That” Hostile Environment-- The purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment

18. Sexual Harassment isNOT: A consensual relationship between two adults.

19. HCMHDDC Does not have a policy that prohibits dating among the staff. There are some married couples working at Hill Country MHDDC.

20. Question: Can Employees Be Prohibited From Using Their Religious Beliefs In Conjunction With Their Jobs?

21. Answer: According to the Federal District Court in Michigan, Yes. The nature of the employee’s religious beliefs, preaching, or application of such beliefs ought to be demonstrated as having some reasonably damaging or detrimental job effect.

22. For Example: • In the case of Spratt v. County of Kent (1985), a social worker refused to comply with his employer’s request that he stop using “spiritual means”such as the casting out of demons when counseling prison inmates. The court upheld the termination of the employee, and found such action to be devoid of religious discrimination since his worship was not being denied, and not a violation of the employee’s First Amendment rights since the employer was merely trying to stop the damaging effect on others.

23. Using the same rational, an employer would probably be within their rights to restrict employees from imposing their religious beliefs on other employees, customers, or other business related people, particularly if these others express their objection of the activity to management.

24. Hostile Environment Often created by: • Requests for sexual favors • Verbal conduct of a sexual nature • Pictures, posters, “pin-ups” of a sexual nature (Sports Illustrated Swimsuit Edition Magazine) • Physical conduct of a sexual nature • Unwelcome bodily contact – patting, touching, hugging, or rubbing • Exposing oneself • Physical intimidation or assault

25. Hostile Environment Can Also Be Created By: • Jokes relating to race, color, national origin, gender, disability, religion, age, sexual orientation, etc. • Racial slurs • Cartoons, drawings, etc. • Also applies to e-mail, telephone & fax usage

26. Reasons Work is the most common place for busy people to meet and make social contacts ……. – we spend more time at work than at home……

27. What Should I Do? • Be Honest and Direct • Confront the person with what they are doing • Use clear, concrete terms • Involve another Person • Document every instance • Involve supervisors if confrontation does not stop the harassment • If the person is your supervisor, go up the chain of command to get assistance you need

28. Immediate supervisor Next higher level of management Department or Division head Human Resources Director Executive Director Complaint Procedure ALL Potential Violations Must Be Reported! REPORTS MAY BE MADE TO ANY MANAGEMENT STAFF

29. Retaliation is Strictly PROHIBITED

30. What is Retaliation? • Any action intended to inflict emotional or physical harm or inconvenience to an employee that is taken by another employee. • This includes harassment and sexual harassment, disciplinary measures, discrimination, reprimand, threats, & criticism.

31. If Inappropriate Conduct is Confirmed… Disciplinary action will be taken, up to and including termination, based on the severity and/or frequency of the conduct.

32. Remember! • Conduct yourself in a Professional Manner at all times! • Follow Workplace Principles • Follow Policy & Procedures • Report Retaliation • Do your JOB!

33. Performance Improvement Program

34. What is the PIP? • A method for supervisors to offer employees the opportunity to: • Improve or • Correct performance deficiencies.

35. PIP Levels of Action • Verbal • Written • Final • Termination

36. PIP – VERBAL REVIEW • Supervisor verbally outlines improvement expectations • Identify barriers / discuss strategies to successful performance • Noted on the Verbal Review form

37. Written Review • Implemented if employee fails to show required improvement • Expectations outlined using the Written Review form • Written Review form signed by employee…if refused, noted on form • May be initiated as first step for certain problems

38. Final Review • Supervisor meets with employee if failure to show required improvement or further decline • Supervisor reviews problem, outlines expectations, informs employee that termination is recommended if improvement is not immediate or satisfactory

39. Final Review • Employee receives information in memorandum format • Employee signs memorandum as acknowledgement of receipt • May be initiated as first step for serious problems in lieu of previous Verbal or Written Reviews

40. Multiple Problems • Progression verbal > written > final may involve different performance issues • Not acceptable for employees to correct one performance problem and begin demonstrating problems in other areas

41. Termination • Supervisor may pursue, if employee fails to correct identified performance problem sufficiently • May be deemed appropriate without regard to previous actions taken for serious problems

42. Training • Throughout PIP consideration of additional training • Throughout PIP consideration of overcoming other system level barriers to assist in performance improvements

43. Appropriate Action • Action is based on • The severity and/or • Frequency of the behavior. On some occasions, PIP steps may not go in order and termination may be deemed the only appropriate action.

44. PIP Length of Action • documentation removed from the personnel file after one year • MUST NOT have further problems in any other performance area.